In order to obtain survivor benefits under a motor vehicle policy issued by the Saskatchewan Government Insurance Company for the death of a former spouse, the surviving spouse must prove that there is a valid spousal agreement in place at the time of the deceased’s death. An obligation to pay spousal support is not sufficient to entitle the surviving spouse to benefits.

17. November 2005 0
Falasca (Litigation Guardian of) v. Saskatchewan Government Insurance, [2005] S.J. No. 802, Saskatchewan Court of Queen’s Bench

The Saskatchewan Court of Appeal held that the life insurance policy was not in effect at the time of the deceased’s death due to a change in the deceased’s insurability between the time the application was completed and the time the policy was delivered. The Court of Appeal held that the trial judge did not err in finding that there was no conflict between subsection 142(1)(c) of the Saskatchewan Insurance Act and the proviso in the policy.

17. November 2005 0
Anderson v. Sun Life Assurance Co. of Canada, [2005] S.J. No. 708, Saskatchewan Court of Appeal

The British Columbia Provincial Court found that the cause of loss was the negligence of the driver of the vehicle. The Court held that the definition of “comprehensive coverage” in Regulation 447/83 of the Insurance (Motor Vehicle) Act was not exhaustive. As such, negligence as a cause of loss or damage was included in the “comprehensive coverage”.

14. November 2005 0
Pfleger v. Insurance Corp. of British Columbia, [2005] B.C.J. No. 2482, British Columbia Provincial Court

An Insurer has a duty to defend an Insured if there is a possibility that the allegations in the Statement of Claim permit a judgment against an Insured within the terms of the policy of insurance. Whether there was any merit to the alleged claim, or whether the alleged claim could be proven at trial, is irrelevant. Furthermore, it is inappropriate to rely upon the Statement of Defence and third party pleadings when determining whether a duty to defend existed.

28. October 2005 0
Wi-Lan Inc. v. St. Paul Guarantee Insurance Co., [2005] A.J. No. 1416, Alberta Court of Appeal